CROWN CITY — Gallia County sheriff’s deputies are investigating a shooting on Clay Chapel Road that occurred at about noon Thursday.
Officers on Friday were still in the midst of conducting their investigation.
According to Sheriff Joe Browning, Nick Jones, no age verified as yet, had been transported to Holzer Medical Center for treatment before being flown to a Huntington, W.Va., hospital. The weapon used in the incident has been identified as a .410 bore shotgun. Reports suggest the incident involved one neighbor supposedly trying to break into the other’s home, with the shooter trying to prevent the other from entering.
Police reports state the shooting occurred in the 1700 series of Clay Chapel Road. Charles Day, 66, of Crown City, had called the 911 Gallia County Communications Center to report that Jones had allegedly tried to enter his home through a window when Day allegedly fired a shotgun, reportedly striking Jones’ leg.
Officers secured the scene and interviewed individuals throughout the afternoon.
Day was interviewed by officers before being released. The Gallia County Sheriff’s Office will discuss with the Gallia County Prosecutor in regard to any potential charges.
The Ohio Revised Code Section 2901.05 (B)(1) says, “Subject to division (B)(2) of this section, a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force.”
Defensive law allows a person to protect themselves in their home, vehicle or workplace. Defensive force — lethal force included — can be used if a person has a reasonable thought to fear serious bodily harm.
Deadly force cannot arguably be used in a legal manner if a person stopped trying to unlawfully or forcibly enter a workplace, home or vehicle and is fleeing. Deadly force is also not allowed to be used against law enforcement or government officials enacting their duties. Deadly force also cannot be used when a person is lawfully in a home unless there is such a thing like a written court order that disallows contact between individuals. Individuals who knock on a door at a home or car window are also not allowed to legally be shot. Everything must revolve around an individual have a reasonable fear for their personal safety.
Dean Wright can be reached at (740) 446-2342, Ext. 2103.